Injuries to the knee can greatly affect an individual’s lifestyle, restricting mobility, inducing severe pain, and impairing work or performance of regular activities. These injuries may be triggered by car accidents, slip and falls, work-place accidents, or sports-related traumas and may account for a lot of medical costs and treatment.
In this article, you’ll find out how much does a knee injury settlement really pay, what impacts compensation values, how to go about filing a claim, and strategies for getting the most out of your settlement. Knowing this will enable you to safeguard your rights and obtain the compensation that is yours.
Common Types of Knee Injuries
Knee injuries can vary in severity, ranging from mild sprains to severe conditions requiring surgery. Some of the most common types include:
- Ligament Injuries: Such as ACL (anterior cruciate ligament), PCL (posterior cruciate ligament), MCL (medial collateral ligament), and LCL (lateral collateral ligament) tears.
- Meniscus Tears: Damage to the cartilage in the knee that cushions the joint.
- Fractures: Broken bones in the knee, such as the patella (kneecap) or femur.
- Dislocations: When the knee joint is forced out of its normal position.
- Tendon Injuries: Such as a torn quadriceps or patellar tendon.
- Bursitis: Inflammation of the bursae (fluid-filled sacs) in the knee.
The severity of your knee injury will play a significant role in determining the value of your settlement.
Factors That Influence Knee Injury Settlements
Several factors can affect the value of a knee injury settlement, including:
1. Severity of the Injury
- The type of knee injury and whether it requires surgery or long-term treatment.
- Permanent damage or disability can significantly increase the value of the settlement.
2. Medical Expenses
- Costs of emergency care, diagnostic tests, surgery, physical therapy, medications, and follow-up visits.
- Future medical expenses, such as ongoing therapy or additional surgeries, are also considered.
3. Lost Wages and Lost Earning Capacity
- Income lost due to time off work during recovery.
- If the injury affects your ability to perform your job or earn a living in the future, this can increase the settlement value.
4. Pain and Suffering
- Compensation for the physical pain and emotional distress caused by the injury.
- More severe injuries that cause chronic pain or permanent disability typically receive higher compensation.
5. Liability and Fault
- If you can clearly prove that another party was at fault for your injury, this strengthens your claim.
- In comparative negligence states, your settlement may be reduced if you are found partially at fault.
6. Insurance Coverage
- The amount of insurance coverage available from the at-fault party can impact the settlement amount.
- If the at-fault party has limited insurance, your compensation may be capped.
How Are Knee Injury Settlements Calculated?
Knee injury settlements are typically calculated by adding up the economic and non-economic damages you have suffered.
Economic Damages
- Medical Bills: Past, present, and future medical expenses related to your knee injury.
- Lost Wages: Income lost due to missed work during your recovery.
- Loss of Earning Capacity: If your injury prevents you from performing your job or reduces your ability to earn in the future.
Non-Economic Damages
- Pain and Suffering: Compensation for physical pain, discomfort, and emotional distress.
- Loss of Enjoyment of Life: If your injury prevents you from engaging in activities you once enjoyed.
- Disfigurement or Permanent Disability: If your knee injury results in lasting physical damage or impairment.
Using a Multiplier Method
For non-economic damages, insurance companies often use a multiplier method, where they multiply your economic damages by a factor (usually between 1.5 and 5) based on the severity of your injury.
For example:
- Medical expenses and lost wages total $20,000.
- A multiplier of 3 is applied due to the severity of the injury.
- Non-economic damages would be calculated as $20,000 × 3 = $60,000.
- The total settlement would be $20,000 + $60,000 = $80,000.
Average Settlement Amounts for Knee Injuries
Settlement amounts for knee injuries can vary widely based on the severity of the injury and the circumstances of the case. Some general estimates include:
- Minor Knee Injuries (Sprains, Strains): $5,000 – $25,000.
- Moderate Knee Injuries (Meniscus Tears, Ligament Strains): $25,000 – $75,000.
- Severe Knee Injuries (ACL Tears, Fractures, Surgery Required): $75,000 – $200,000 or more.
- Catastrophic Knee Injuries (Permanent Disability): $200,000 and above.
Steps to Pursuing a Knee Injury Settlement
If you have suffered a knee injury due to someone else’s negligence, you can take the following steps to pursue a settlement:
1. Seek Medical Attention
- Obtain immediate medical treatment and follow your doctor’s recommendations.
- Keep detailed records of all medical expenses and treatments.
2. Document Your Injury
- Take photos of your injury, keep a journal of your pain and limitations, and collect any evidence related to the incident (such as accident reports).
3. Determine Liability
- Identify the party responsible for your injury, whether it is a negligent driver, property owner, employer, or another party.
4. File an Insurance Claim
- Contact the at-fault party’s insurance company to file a claim for your damages.
5. Negotiate Your Settlement
- Provide evidence of your medical expenses, lost wages, and other damages.
- Be prepared to negotiate with the insurance company to achieve a fair settlement.
6. Consider Legal Representation
- If negotiations are unsuccessful, consider hiring an experienced personal injury attorney to represent you.
- Your attorney can help you file a lawsuit and negotiate a higher settlement.
Real-World Example of a Knee Injury Settlement
In a recent case, a construction worker suffered a severe knee injury after falling from a scaffold. The worker required surgery and extensive physical therapy. After a lengthy negotiation process, the worker received a settlement of $150,000, which covered medical expenses, lost wages, and pain and suffering.
How an Attorney Can Help with Your Knee Injury Claim
An experienced personal injury attorney can:
- Evaluate your claim and determine the potential value of your settlement.
- Gather evidence, including medical records and witness statements.
- Negotiate with insurance companies on your behalf.
- File a lawsuit if necessary to secure fair compensation.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
